· Labour law · Translated from the Hebrew original
What counts as a work accident
An injury to health caused in the course of work or because of work, which led to temporary or permanent loss of work capacity. Accidents on the way to and from work are also recognised, provided the route was not interrupted by a genuine personal detour.
Occupational diseases
There is a recognised list of occupational diseases, in which the disease is linked to a specific exposure at the workplace:
- Respiratory diseases: dust, chemical fumes, poor ventilation.
- Skin diseases: direct exposure to the sun, contact with substances, lack of protective equipment.
- Hearing impairments: continuous occupational noise.
- Musculoskeletal injuries: lifting loads, vibration, repetitive movements.
- Poisoning by heavy metals and solvents.
- Certain oncological diseases with proven exposure to carcinogenic substances.
The microtrauma doctrine
A disease that is not on the list is not the end of the road. The case law recognises the microtrauma doctrine: many tiny, repeated injuries to the same area of the body, each of which is negligible on its own, accumulate into damage. This is how joint injuries are recognised, for example, in someone who has performed a repetitive movement for years. A medical opinion linking the nature of the work to the injury is required.
Two different tracks
- National Insurance: injury allowance for the period of incapacity and a pension or grant according to the degree of work disability. There is no need to prove fault, a connection to work is enough.
- A claim against the employer: compensation for negligence, such as lack of protection, instruction or proper equipment. Here fault must be proved, but the compensation amounts are much higher.
The tracks are not mutually exclusive, and in many cases they are filed in parallel.
The National Insurance procedure
- Obtain form Bl/250 from the employer and go to a doctor.
- Submit a claim for recognition of the injury within 12 months of the event.
- After recognition: injury allowance for the period of incapacity, usually up to 91 days.
- If a disability remains: a medical committee to determine the percentage of work disability.
- According to the result: a one-time grant or a monthly pension.
The medical committee and the appeal
The committee's decision is what determines the outcome. It is possible to appeal to an appeals committee within a short time, and against its decision to the Labour Court, but only on legal questions. Preparation for the first committee is therefore more important than any later appeal: a complete medical file, an accurate description of the work and an expert opinion.
What to collect in advance
- Medical documents from the first visit and not only from the most recent time.
- A detailed description of the work: what, how often and under what loads.
- Data on risk factors: noise measurements, safety data sheets, photographs from the workplace.
- Colleagues' testimony and payslips: the amount of payments is derived from them.
What is important to do on the day of the injury
- Report to the employer immediately and make sure the event is recorded.
- Go to a doctor and describe exactly how the injury occurred and in what circumstances: the first description is the strongest evidence.
- Photograph the scene of the incident and the equipment involved.
- Write down the names of witnesses before they leave the workplace.
Loss of earnings beyond the injury allowance
The injury allowance covers a limited period and does not necessarily cover the full loss. Where a disability remains and its effect on earning capacity is significant, a claim against the employer or against a third party is also examined, which also includes pain and suffering, assistance by others and future medical expenses.